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Conduct of inspection and inquiry (Section 207 of the Companies Act, 2013)

Conduct of inspection and inquiry (Section 207 of the Companies Act, 2013) :

Section 207 of the Companies Act, 2013 provides for the conduct of inspection and inquiry as follows:

(i) Duty of director, officer or employee [Sub-Section (1)]: Where a Registrar or inspector calls for the books of account and other books and papers under section 206, it shall be the duty of every director, officer or other employee of the company:

(a) to produce all such documents to the Registrar or inspector; and

(b) to furnish him with such statements, information or explanations in such form as the Registrar or inspector may require; and

(c) to render all assistance to the Registrar or inspector in connection with such inspection.

(ii) Powers of the Registrar or inspector [Sub-section (2) and (3)]:

(a) The Registrar of inspector making an inspection or inquiry under section 206 may, during the course of such inspection or inquiry, as the case may be,—

(1) make or cause to be made copies of books of account and other books and papers; or

(2) place or cause to be placed any marks of identification in such books in token of the inspection having been made.

(b) Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the Registrar or inspector making an inspection or inquiry shall have all the powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:—

(1) the discovery and production of books of account and other documents, at such place and time as may be specified by such Registrar or inspector making the inspection or inquiry;
(2) summoning and enforcing the attendance of persons and examining them on oath; and

(3) inspection of any books, registers and other documents of the company at any place.

(iii) Penalty for Contravention [sub-section (4)]: If any director or officer of the company disobeys the direction issued by the Registrar or the inspector under this section, the director or the officer shall be punishable with imprisonment which may extend to 1 year and with fine which shall not be less than 25,000 rupees but which may extend to 1 lakh rupees.

If a director or an officer of the company has been convicted of an offence under this section, the director or the officer shall, on and from the date on which he is so convicted, be deemed to have vacated his office as such and on such vacation of office, shall be disqualified from holding an office in any company.

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